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2017 Supreme(Ori) 930

A.K.RATH
Dharani Sugar & Chemicals Ltd. – Appellant
Versus
Co-operative Sugar Industries Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.R.L. Sudarsan, Senior Advocate, Mr. D.P. Nanda, Advocate.

ORDER :

DR. A.K. RATH, J.

1. This is an application for review of the judgment dated 18.12.2015 passed by this Court in W.P.(C) No.10717 of 2005.

2. The opposite party as plaintiff instituted M.S. No.149 of 2001 in the court of the learned Civil Judge (Sr. Divn.), Bhubaneswar for recovery of Rs.23,76,37,000/-towards outstanding liability impleading the petitioner as defendant. An amount of Rs.71,30,305/-was payable towards court fees. The plaintiff filed an application for exemption of court fees in view of the notification of the Government of Orissa dated 7.6.1994 issued under Sec.35 of the Court Fees Act, 1870. It was stated that the plaintiff-industry sustained heavy loss. The financial condition of the industry was in doldrums. The plaintiff was not in a position to pay the interest on loan incurred from different financial institutions. The industry was closed since 2000-2001. There was no surplus income to pay the court fee. Its annual income was much less than Rs.12,000/-per annum. Learned trial court by order dated 20.11.2002 exempted the plaintiff from payment of court fees. The defendant entered contest and filed a written statement along with counter claim. The defendant f


















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